AvenoCam Software-as-a-Service Agreement

Notices before the Agreement

Notice in our interest:
This Contract affects the moment of purchasing one of AvenoCam’s services. This is a standard agreement for any particular acquisition one of our services. Individual contracts can also be made within an Enterprise License. Please feel free to contact us.

Definitions:
– Party A in this Agreement is the Purchaser; mentioned in the following as “Customer” “You” “Your”. The Customer is described in this contract as an individual of the sex man, but it also stands for any other gender.
– Party B, is AvenoCam, Global Streaming SRL, represented by CEO Stefan Aslovici mentioned in the following as “AvenoCam”, “We”, “Us” or “Our”).
– This AvenoCam Software-as-a-Service Agreement in the following described as “Agreement”,  “AvenoCam Service Agreement” or “Terms and Conditions”.

A. Activation Terms

  1. This terms of license come into force at the moment, if AvenoCam is receiving the full payment and send the payment confirmation to the Customer. Pending payment statuses do not activate the AvenoCam Service Agreement, and we are not obligated to do the installation.
  2. After sending the payment confirmation to the Customer, the platform will be installed, deployed on 8 servers, and online at least within 3 business days after the client is sending us all the information we need for the install. The monthly cycle starts at the moment of install.
  3. For the process of installation, we need a set of information of the Customer, to give him a fast installation experience. What we need to install his platform properly, we will communicate with every client properly.
  4. With the successful installation of the Customers platform, he will get the credentials to access his AvenoCam platform.
  5. To be fully functional for the client’s customers, the client has to decide on a payment processor, has to discuss with them and send them all the info they need.

B. Main Contract Part

  1. AvenoCam delivers to the Customer the license and hosting package he chooses from. The list of our active licenses and hosting packages you can find on our pricing list at https://avenocam.com/pricing. All information regarding our active licenses on our website are without guarantee of actualization and excluding all liability.
  2. The monthly cycle for monthly licenses or our hosting packages starts at the moment of installation. Other monthly services begin at the moment the Customer pays, and the service came into his accessibility.
  3. The Customer does not get any access, insight, or any other way to have a look into the software code. That means modifications of functionalities or any backend modifications, can be only done by Us, our Premium Partners or Subcontractors. This includes the object code, intermediate code, source code and all other backend codes of the platform, the deploy codes; to put it, in a nutshell, all the codes which are not frontend code. This is active either during or after the term of these terms and has no expiration date.
  4. The Customer can get access to the frontend code within an Enterprise License.
    1. Before the delivery and access of the frontend code, the Customer is obligated to verify the platform for all bugs and problems, especially regarding the frontend. Everything the Customer will found has to be reported within 2 business days.
    2. Bugs which are caused by him after he gets access to the frontend, caused by custom changes in the frontend, are not included in the support and update policy of AvenoCam. We are not obligated to fix these issues. Still, AvenoCam can fix these kinds of problems. This extra service is charged. The price of this service depends on the complexity and other matters. Please contact AvenoCam for hits.
  5. The Customer is responsible for everything, what he is doing with the platform. AvenoCam is not liable for your, the Customer, actions with and within the platform.
  6. Also, you must not use the Platform in any way that causes, or may cause, damage to the Platform or impairment of the availability or accessibility of the Platform. You are responsible for this; our obligations end here.
  7. The platform is granted to You alone. You, the Customer, may not redistribute the platform in whole or in parts. You may not rent, lease, sublicense, sell, assign, pledge, transfer or otherwise dispose of the license in any form, on a temporary or permanent basis, without the prior written consent of AvenoCam. AvenoCam is allowed to get compensation for the breach of the clause, in the form of indemnity.
  8. For every license you purchase, there is the installation of one of our latest payment processor partners free. Please visit our site for the most recent status about that or contact us.
  9. For you and us, only these terms are binding. We reserve the right to modify these terms, the prices and other standard terms from time to time. We announce that at least 1 week before the change. More info at the clause N.5.

C. Hosting Services

  1. AvenoCam will create a copy of the Platform on a Cloud System of our choice and provide you with the login details for your accounts after successful installation. The Platform is hosted within one of our Hosting Packages of the hosting pricing list of AvenoCam. The latest hosting pricing list you will get via Mail, or you can find it on our website under https://avenocam.com/pricing/.
  2. AvenoCam is labeling the Platform for you, as in the conversations during the installation term discussed. This means we will insert your logo, your brand name and change the general theme color.
  3. AvenoCam guarantees you a worldwide license to use the Platform using a Supported Web Browser by the legal obligations of his country of registration during the term.
  4. You shall use reasonable security measurements relating to your Account login details, to ensure that no unauthorized person may gain access to the Platform. AvenoCam is not liable for the negligence of you.
  5. AvenoCam uses reasonable endeavors to maintain the availability of the Platform to you, but we do not guarantee 100% availability. For the avoidance of doubt, downtime caused directly or indirectly by any of the following shall not be considered a breach of this terms:
    1. a Force Majeure Event
    2. a fault or failure of the internet or any public telecommunications network
    3. an error or failure of the Customers computer or systems
    4. any breach by the Customer of this Agreement
    5. scheduled maintenance carried out by this Agreement
    6. a fault or failure of the Server provider
    7. Scheduled and unscheduled Updates by AvenoCam
    8. Security breaches on our AvenoCam’s side or the Customers side
    9. Downtimes which are caused by a bug
  6. About the Hosting Packages:
    1. The “Starter” Hosting Package includes the platform installed on 8 Servers, with a 100GB Traffic Volume, a maximum on 1000Mbps (Bandwidth) and an SSD Storage of 10GB. The price of the “Starter” Hosting Package is $97.
    2. The “Starter Plus” Hosting Package, which comes with 8 Servers, 250GB Traffic, 1000Mbps, 15GB SSD Storage at the cost of $147.
    3. The “Growth” Hosting Package comes with 8 Servers, 500GB Traffic, 1000 Mbps, 25GB SSD Storage at the cost of $197.
    4. If you are exceeding the limit of your package, you will be notified by us, and jumping automatically into the next hosting category. You are paying the difference to the previous package.
    5. At the final of your monthly cycle in which you have exceeded your hosting limit, you will jump back to your first purchased hosting package.
    6. Anytime you can upgrade definitely to a higher hosting package.
    7. If you have exceeded the “Growth” Hosting Package, you pay extra for
      1. every GB Traffic 0,04$.
      2. every GB Storage SSD
    8. For the price of additional storage SSD, please feel free to contact us, to get more information about the latest rates.
    9. Within all AvenoCam Monthly and Lifetime Licenses except for the Enterprise ones, there is a limit to 150 connections at the same time. 1 connection stands for 1 broadcaster/user. For more connections at the same time, you have to upgrade to an Enterprise Hosting Package. This is necessary because we want to provide you with quality service. After exceeding this limit, we have to upgrade the hardware at our cloud providers at this specific level of connections, which costs more.
  7. Within all Monthly Licenses, the Starter Hosting Package is already included. For more details about hosting, feel free to contact us.
  8. Within the Lifetime Licenses you have in the Basic Lifetime License 2 months of the Starter Hosting Package inclusive, in the Essential Lifetime License 2 months of the Starter Plus Hosting Package inclusive, and in the Premium Lifetime License 2 months of the Growth Hosting Package inclusive. If you are exceeding this packages within their limits, you will jump up automatically into the next category. If you are exceeding the boundaries of the Growth Hosting Package, we will contact you to discuss a customized solution for you within an Enterprise Hosting Package.

D. Update & Maintenance Services

  1. AvenoCam shall provide Update & Maintenance Services to the Customer during the Term.
  2. Update Services means that we try to resolve all the bugs which are appearing with the time and distribute the updates to all our customers. There is no time limitation for delivering updates and to eradicating bugs within the Monthly Licenses. Bugs can appear for various reasons. Mostly we have to update the platform to all the software updates of Operation Systems and Browsers.
  3. Where practicable, AvenoCam shall give to the Customer as soon as possible prior written notice of scheduled Update & Maintenance Services that are likely to affect the availability of the Platform or are likely to have a material adverse impact upon the Platform, without prejudice to AvenoCam’s other notice obligations under this main body of this Agreement.
  4. AvenoCam will provide the Update & Maintenance Services with reasonable skill and care.
  5. Update & Maintenance Services are included in the Monthly Licenses of AvenoCam. For the Lifetime Licenses, the Customer has in the Basic Lifetime License 6 months Update & Maintenance Services covered, in the Essential Lifetime License 9 months Update & Maintenance Services, and in the Premium Lifetime License 12 Update & Maintenance Services included. For Service after this terms of the Lifetime Licenses. Please contact us to get more information about the latest prices for Update and Maintenance Services.
  6. In any case, if Monthly License or Lifetime License, AvenoCam may suspend the provision of the Update & Maintenance Services on the 6.th business day if any amount is overdue by 5 business days and have to be paid by the Customer to AvenoCam.

E. Support Services

  1. AvenoCam shall provide Support Services to the Customer during the Term.
  2. AvenoCam shall make available to the Customer a helpdesk by the provisions of this Agreement.
  3. AvenoCam shall provide the Support Services with reasonable skill and care.
  4. The Customer may use the helpdesk to request and, where applicable, receiving the Support Services; the Customer must not use the helpdesk for any other purpose.
  5. AvenoCam shall respond promptly within 3 business days except for national legal days, and national holidays in the country of Romania and force major events. To all requests for Support Services made by the Customer through the helpdesk, telephone assistance is not only available.
  6. AvenoCam may suspend the provision of the Support Services on the 6.th business day, if any amount is overdue and has to be paid by the Customer to AvenoCam at least 5 business days following.
  7. AvenoCam and his staff also have exclusive access to the Customers whole platform to diagnose and fix the support issue.
  8. Attacking, threatening or misbehaving towards AvenoCam staff will result in immediate license and service cancellation. There will also be no possibility of refund when it happens within 14 days after the installation.

F. Data Protection, Customer Data & Intellectual Property Rights

  1. AvenoCam and his data processors shall comply with the Data Protection Laws concerning the processing of the Customer Personal Data.
  2. The Customer warrants to AvenoCam that it has the legal right to disclose all Personal Data that it does disclose to AvenoCam under or in connection with this Agreement.
  3. AvenoCam shall only process the Customer Personal Data during the Agreement and for not more than 36 months following the end of the Agreement, subject to the other provisions of this Clause.
  4. The Customer shall promptly inform AvenoCam, if, in the opinion of the Customer, an instruction of AvenoCam relating to the processing of the Customer Personal Data infringes the Data Protection Laws.
  5. The Customer is responsible and liable for the Data Protection Laws of his country, and the implementation of this within his AvenoCam license. He has to inform his users and broadcasters. AvenoCam is not liable for the Customers law breaches. AvenoCam can help to implement to fulfil the law standards in his country. Please contact and inform us.
  6. Notwithstanding any other provision of this Agreement, AvenoCam may process the Customer Personal Data if and to the extent that AvenoCam is required to do so by Romanian or European law. In such a case, AvenoCam shall inform the Customer of the legal requirement before processing, unless that law prohibits such information on essential grounds of public interest.
  7. AvenoCam shall ensure that persons authorized to process the Customer Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
  8. AvenoCam and the Customer shall each implement appropriate technical and organizational measures to ensure a proper level of security for the Customer Personal Data.
  9. AvenoCam is allowed to engage his partners or subprocessor to process the Customer Personal Data in the sense of this agreement to deliver the services without the prior specific or generally written authorization of the Customer.
  10. AvenoCam shall report any Personal Data breach relating to the Customer Personal Data to the Customer within 72 hours following AvenoCam becoming aware of the violation.
  11. We, AvenoCam are using all the Data for the purpose to improve the service and the software. We are not selling it to third parties or give it away for no reason. If you have questions regarding our Data Process, please contact us.
  12. We can use your Email-Address for sending you Newsletter about our product, promotional newsletter and other Newsletter about AvenoCam, after confirmation from your side. Any time you can opt-out from these, by sending us an Email or by clicking unsubscribe in the emails.
  13. The Customer grants to AvenoCam a non-exclusive license to copy, reproduce, store, export, adapt, edit, translate and use the Customer Data to the extent reasonably required for the performance of AvenoCam’s obligations and the exercise of AvenoCam’s rights under this Agreement. This also includes all the data of the Broadcaster and Users. The Customer also grants to AvenoCam the right to sub-license these rights to its hosting, connectivity, telecommunications service providers and other subcontractors, for the reason of fulfilment of the obligations of the services.
  14. The Customer warrants to AvenoCam that the Customer Data, when used by AvenoCam by this Agreement, will not infringe the Intellectual Property Rights or other legal rights of any person, and will not breach the provisions of any law, statute or regulation, in any jurisdiction and under any applicable law.
  15. AvenoCam shall create a backup copy of the Customer’s database at least daily, shall ensure that each such copy is sufficient to enable AvenoCam to restore the Platform to the state they were in at the time the backup was taken and shall retain and securely store each such copy for a minimum period of 7 days.
  16. Within the period of 5 business days following receipt of a written request from the Customer, AvenoCam shall use all reasonable possibilities to restore the Platform with the Customer Data, which is stored in any backup copy created. The Customer acknowledges that this process will overwrite the Customer Data stored on the Platform before the restoration. This can cause data loss of the latest data. The Customer responses and is responsible to his clients and broadcasters for all damage in tokens and data, and for all other kinds of losses.
  17. The Website https://avenocam.com, its content, the content of the social media sites, the platform, with the features, all other AvenoCam Platforms with its features, and all other sites, are owned by S.C. Global Streaming SRL, and are protected by international copyright, trademark, patent, trade secret and other intellectual property and proprietary rights laws.
  18. Nothing in this Agreement shall operate to assign or transfer any Intellectual Property Rights from AvenoCam to the Customer.
  19. AvenoCam provides the Customer with a mechanism to give us feedback, suggestions, and ideas about the Software and Service. The Customer agrees that we may use the feedback, suggestions or idea, to provide you with extra services in any way, including future modifications of the Software. You grant us a perpetual, worldwide, fully transferable, non-revocable, royalty-free license to use, modify, create derivative works from, distribute and display any information you provide to us in the feedback or any other form of discussion with us, via Email, Chat, Helpdesk, Phone or on different communications ways.
  20. The Customer grants AvenoCam a perpetual, worldwide, fully transferable, non-revocable, royalty-free license to use, modify, create derivative works from, distribute, resell, commercialize and display any custom change and feature we have implementing with you and for you, through our partners, subcontractors, our third parties applications or us.
  21. You give AvenoCam the full, worldwide, fully transferable, non-revocable, royalty-free license to promote your platform worldwide on his websites, in AvenoCam marketing campaigns, in direct conversations with new clients and leads, and others. What we not do, is to publicize your name and anything referring to your personal contact information. This clause is regarding just to your platform name and platform itself.
  22. Functions and Areas of our Platform allow you and your broadcasters and users to upload or public information, text, images, videos or other content. There are many things that users and broadcasters can do with their uploaded content, for example, copy it, modify it and others. AvenoCam has no responsibility; the Customer takes responsibility for that.

G. Payments, Charges & Refund Policy

  1. The first installation of the platform and one installation of a payment gateway of a partner of AvenoCam are free to the Customer. Any subsequent installation on another domain or another payment gateway for the same Customer will require the Customer to make a payment according to the latest AvenoCam pricing policy.
  2. Invoices for ongoing services (such as the active license, Hosting Packages, Hosting Overpass, hired services, maintenance, support, and others) are generated 5 business days in advance at the end of a monthly cycle.
  3. The monthly cycle for monthly licenses, additional services next to the lifetime licenses, or our hosting packages starts at the moment of installation and receiving the credentials of the customer’s own platform. Other monthly services begin at the moment the Customer pays, and the service came into their accessibility. In any case, AvenoCam will inform the Customer, when a cycle starts.
  4. Payment for all products and services are required in advance and must be paid at least by the due date.
  5. After the due date, if the Customer has not paid the open invoices, he gets a daily penalty for late payment in the form of interest of 0,5% per day, based on the total sum of the open invoice, for Maxim 5 business days (maxim 2,5%).
  6. On the 6th business day after the due date, we will set the account(s) offline because of delayed payment. We charge a tax of 200 $ for reconnecting. We are giving the Customer access back after fully paying of
    – the reconnecting tax,
    – the open invoice, and
    – the 2,5 % penalties.
  7. In case, if all this is not paid on the 11th business day after the due date, we are allowed to delete all data, the platform and to set all servers offline. We are not liable for all the data loss, money loss, loss of any intellectual property of users and broadcasters, and any other kind of data, money and value loss, which are resuming of deleting the platform. We are not liable for all the damage on third persons, caused by eliminating the platform. The Customer is responsible for all this.
  8. Additionally, services provided by AvenoCam, his subcontractors or partners for which we are not obligated from the AvenoCam Service Agreement, may be charged to the Customer. The charging rates are calculated at EUR/per hour for any work. The charging rate depends on the complexity of work what will be done by AvenoCam, his subcontractors or partners.
  9. Custom changes in the backend can be only done by us, AvenoCam, or by our partners or subcontractors.
  10. The Customer must provide us with Credit Card information, or any alternative document reasonably acceptable by Us. The Customer authorizes Us to charge recurring such credit card for his purchased Services.
  11. All prices are exclusive of any applicable value added taxes as VAT in your country.
  12. We guarantee a 14 days refund possibility for the Software part of the license, starting at the moment of installation and sending the credentials data to the Customer. What we can not refund are hosting prices. The reason for this is, that with the beginning of the AvenoCam Service Agreement AvenoCam is paying the external hosting provider for hosting the platform. The refund possibility for the software starts at the moment the customer get mailed the credentials to his platform. To claim this possibility of a refund, the Customer has to write AvenoCam an Email, in which he declares his refund. On the 15th day, there will be no refund possibility anymore, neither for Software nor any licenses type, services, products, hostings or others.
  13. Custom changes and Custom work done by us, our subprocessor or partners cannot be refunded in general.

H. Subcontractors and Partners

  1. AvenoCam can subcontract any of its obligations under this Agreement without the prior written consent of the Customer.
  2. AvenoCam shall remain responsible to the Customer for the performance of any subcontractor obligations, but does not 100% guarantee it. We are not liable for any of our subcontractors and partners work.
  3. Notwithstanding the provisions of this Clause but subject to any other provision of this Agreement, the Customer agrees & acknowledges that AvenoCam subcontract to any reputable third party hosting solution (e.g. AWS, GCS, DigitalOcean) the hosting of the AvenoCam Platform. AvenoCam can also outsource his support and maintenance services.

I. Warranties, Warranty Limitations & Exclusions of Liability

  1. By using our Platform and Services, or authorizing any other person to do so, you are indicating that you are 18 years of age or older. Any parent or guardian of a person under the age of 18 may accept this Agreement on behalf of a user. You are capable of entering into a binding legal agreement, have read and understood this Agreement and you accept its terms and conditions. If you do not agree with the terms and conditions of this Agreement, do not access or use the Software.
  2. The Customer warrants to AvenoCam that it has the legal right and authority to enter into this Agreement and to perform its obligations under this Agreement.
  3. AvenoCam warrants to the Customer that is has the legal right and authority to enter into this Agreement and to perform its obligations under this Agreement.
  4. No advice or information, whether oral or written, obtained by you from AvenoCam or through or from its services shall create any warranty, not expressly stated in this AvenoCam Service Agreement.
    In no event shall AvenoCam or its owners be liable to the Customer or any third party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit, data or other damages arising from your use or your user’s use of AvenoCam or its services. Even if we have been advised by the customer and created such damages. AvenoCam shall be in no point liable for what happens with and within the platform of his Customers. AvenoCam shall be in no position accountable for what happens referring to the content of his websites, social media content, or any other material related to AvenoCam.
  5. Despite the clause above, the total liability of AvenoCam in any cause of action against us will be limited to no more than one dollar ($1).
  6. AvenoCam does not assume responsibility for any issues that may arise as consequences of any modifications made to the product by the user or the subcontractor and partners of AvenoCam.
  7. The Customer acknowledges that complicated software is never wholly free from defects, errors, and bugs; and subject to the other provisions of this Agreement, AvenoCam gives no warranty or representation that the Platform will be wholly free from defects, errors, and bugs.
  8. The Customer acknowledges that complex software is never entirely free from security vulnerabilities; and subject to the other provisions of this Agreement, AvenoCam gives no warranty or representation that the Platform will be entirely secure.
  9. The Customer acknowledges that the Platform is designed to be compatible only with that software and those systems specified as compatible in the Platform Specification, and AvenoCam does not warrant or represent that the Platform will be compatible with any other software or systems.
  10. AvenoCam does not guarantee and is not liable for the work of our exclusive partners, which are doing, for example, a part of our custom work, marketing or traffic.
  11. The limitations and exclusions of liability set out in this Clause and elsewhere in this Agreement govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in the AvenoCam Service Agreement, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement.
  12. AvenoCam shall also not be liable to the Customer
    1. in respect of any losses arising out of a Force Majeure Event,
    2. in respect of any loss of profits or anticipated savings,
    3. in respect of any loss of revenue or income,
    4. in respect of any loss of use or production,
    5. in respect of any loss of business, contracts or opportunities,
    6. in respect of any loss or corruption of any data, database or software, or
    7. in respect of any particular indirect or consequential loss or damage
    8. In respect of any bug
  13. AvenoCam shall also not be liable in the sense of any clause of limitation of liability of this AvenoCam Service Agreement to the broadcasters and users of the Customers, to any third person, to any third party, or to any third person or party which have no relation to the Customer and AvenoCam.
  14. The burden of proof is in any case to the Customer or the person who aims the sue against AvenoCam.

K. Termination & Effects

  1. Either party may terminate this Agreement by giving to the other party at least 30 days in advance written notice of termination. That means that, for example regarding the Monthly License of AvenoCam, within the Due Date of the paying of the Subscription one month before the planned cancellation, the Customer should be sent a Notice of the Termination to the official Email address of AvenoCam. After the last 30 days the Customer must pay AvenoCam any Charges in respect of Services, Hosting and all open invoices provided to the Customer. Only after paying these, the Termination can be effective. If not, AvenoCam is allowed to charge a damage suit and to claim a penalty.
  2. Either party may terminate this Agreement immediately by giving written notice of termination to the other party if the other party commits a colossal material breach of this Agreement. If the claimed material breach by the customer is not legally substantially, AvenoCam can charge a damage suit and claim penalty.
  3. If these terms are not terminated by one of the parties, this terms will prolong automatically for another month. The Customer is obtained to transmit the payments. AvenoCam is obtained to deliver the promised services.
  4. Either party may terminate this Agreement immediately by giving written notice of termination to the other party if:
    1. the other party:
      – is dissolved;
      – ceases to conduct all (or substantially all) of its business;
      – is or becomes unable to pay its debts as they fall due;
      – is or becomes insolvent or is declared bankrupt; or
      – convenes a meeting or makes or proposes to make any arrangement or composition with its creditors;
    2. if that other party is an individual:
      – this other party dies;
      – this other party is the subject of a bankruptcy petition or order.
  5. If the AvenoCam Service Agreement has ended earlier than the set terms, AvenoCam is allowed to claim sue against the Customer and claim penalty in the value of double the costs. Also, all property rights, all the broadcasters contracts, and any other data, money, and value can go into the complete ownership of AvenoCam. AvenoCam can decide here.
  6. Upon termination of this Agreement, all of the provisions of this Agreement shall cease to affect.

L. Confidentiality Obligations

  1. AvenoCam must:
    1. Keep the Confidential Customer Information strictly confidential.
    2. Not disclose the Confidential Customer Information to any person without the Customer’s prior written consent, except for AvenoCam officers, employees, professional advisers, insurers, agents, partners and subcontractors, and then only under conditions of confidentiality.
    3. use the same degree of care to protect the privacy of the Confidential Customer Information as AvenoCam uses to safeguard AvenoCam’s confidential information of a similar nature, being at least a reasonable degree of care.
    4. act in good faith at all times in relation to the Confidential Customer Information.
    5. not use any of the Confidential Customer Information for any purpose other than to improve the service and the software.
  2. AvenoCam may disclose the Customer Confidential Information to its officers, employees, professional advisers, insurers, agents, partners and subcontractors, who have a need to access the Customer Confidential Information for the performance of their work with respect to this Agreement and who are bound by a written agreement or professional obligation to protect the confidentiality of the Customer Confidential Information.
  3. This Clause imposes no obligations upon AvenoCam concerning Customer Confidential Information that:
    1. is known to AvenoCam before disclosure under this Agreement and is not subject to any other requirement of confidentiality;
    2. is or becomes publicly known through no act or default of AvenoCam; or
    3. is obtained by AvenoCam from a third party in circumstances where AvenoCam has no reason to believe that there has been a breach of an obligation of confidentiality.
  4. The restrictions in this Clause do not apply to the extent that any Customer Confidential Information is required to be disclosed by any law or regulation, by any judicial or governmental order or request.
  5. The provisions of this Clause shall continue in force for 3 years following the termination of this Agreement, at the end of which period they will cease to affect.

M. Notices

  1. Any notice or official message from one party to the other party under this Agreement must be given by one of the following methods using the relevant contact details set out in this Clause:
    1. sent and received through Email.
    2. sent by the AvenoCam Helpdesk
    3. The complete Customers contact details for notices for this Clause have to be sent through email to AvenoCam during the Installation Phase.
    4. AvenoCam’s contact details for notices for this Clause are as follows: Address: Global Streaming SRL, [email protected], https://www.avenocam.com, Address: Cluj-Napoca, Bulevardul Eroilor 21, Ap. 4, Judet Cluj, Transylvania, Romania.
  2. The address and contact details set out in this Clause may be updated from time to time by a party. Obligatory is to give written notice of the update to the other party in accordance with this AvenoCam Service Agreement.

N. General

  1. Force Majeure Event
    1. If a Force Majeure Event gives rise to a failure or delay in either party performing any obligation under this Agreement other than any obligation to make a payment, that obligation will be suspended for the duration of the Force Majeure Event.
    2. A party that becomes aware of a Force Majeure Event which gives rise to, or which is likely to give rise to, any failure or delay in that party performing any obligation under this Agreement, must:
      1. promptly notify the other; and
      2. inform the other of the period for which it is estimated that such failure or delay will continue.
    3. A party whose performance of its obligations under this Agreement is affected by a Force Majeure Event must take reasonable steps to mitigate the effects of the Force Majeure Event.
  2. No breach of any provision of this Agreement shall be waived except with the express written consent of the party not in breach.
  3. If any provision of this Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of this Agreement will continue in effect. If any illegal and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted.
  4. Whether with the Monthly nor with the Lifetime License the Customer gets ownership above the platform of AvenoCam. We want to grow with our clients together and provide all the services and resources, so the tech part is outsourced for our clients.
  5. AvenoCam can change the Prices, the AvenoCam Service Agreement and the Privacy Policy any time. The changes have to be notified 5 business days in advance are affecting all existing and new customers. Is the Customer not agreeing with the new Prices, the AvenoCam Service Agreement or the Privacy Policy he exactly has these 5 business days time to cancel the Services of AvenoCam. There is no possibility of a refund.
  6. AvenoCam may without the prior written consent of the other party assign, transfer, charge, license or otherwise deal in or dispose of any contractual rights or obligations under this Agreement.
  7. This Agreement is made for the benefit of the parties and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to this Agreement are not subject to the consent of any third party.
  8. This Agreement shall constitute the entire Agreement between the parties concerning the subject matter of this Agreement, and shall supersede all previous agreements, arrangements, and understandings between the parties in respect of that subject matter.
  9. This Agreement shall be governed by and construed by Romanian and the European Union law.
  10. The courts of Romania in the city of Cluj-Napoca (Cluj County, Transilvania, Romania, EU) shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this Agreement.

O. Execution

The parties have indicated their acceptance of this Agreement by paying the purchase price (Customer) and by confirming the payment (AvenoCam).

P. Legal Notice

Global Streaming SRL
Cluj-Napoca, Bulevardul Eroilor, Nr. 21, Ap. 4, Judet Cluj, Romania.
CUI: 39788010 / EUID: ROONRC.J12/3779/2018
Fiscal code: RO39843417